Introduction Banking and finance transactions frequently involve substantial amounts, multiple contractual documents, sophisticated security packages and parties established in different jurisdictions. A single financing structure may include a facility agreement, guarantees, mortgages, share pledges, account pledges, assignments of receivables, intercreditor arrangements, hedging agreements and sponsor-support undertakings. When a dispute arises, the parties may disagree not […]
Introduction Mergers and acquisitions are among the most complex commercial transactions conducted in Türkiye. A typical acquisition may involve a share purchase agreement, disclosure letter, shareholders’ agreement, escrow arrangement, transitional services agreement, financing documents, management contracts and regulatory filings. Even where the parties complete extensive legal, financial and tax due diligence, disputes may arise before […]
Introduction Türkiye occupies a commercially significant position between Europe, Asia, the Middle East, the Caucasus and the Mediterranean. International companies operating in construction, energy, manufacturing, technology, transportation, logistics, finance, tourism, international trade and corporate investment frequently enter into contracts connected with Türkiye. When drafting these contracts, one of the most important questions is how future […]
Introduction The enforceability of an arbitral award is one of the principal reasons commercial parties choose arbitration. A successful claimant may seek to enforce an award against bank accounts, company shares, commercial receivables, movable property, real estate or other assets owned by the award debtor in Türkiye. Foreign arbitral awards are generally recognised and enforced […]
Introduction The cost of arbitration is one of the most important issues businesses should evaluate before commencing proceedings or including an arbitration clause in a commercial contract. Although arbitration may offer specialist decision-makers, procedural flexibility, confidentiality and international enforceability, it is not automatically less expensive than court litigation. The total cost of arbitration in Turkey […]
Introduction Türkiye has become an important destination for foreign investment in sectors such as energy, construction, manufacturing, technology, transportation, healthcare, finance, real estate, mining and infrastructure. According to the Presidency of the Republic of Türkiye Investment Office, Türkiye attracted USD 13.1 billion in foreign direct investment during 2025. Foreign investors establishing companies, acquiring shares, developing […]
Introduction Confidentiality is frequently presented as one of the principal advantages of arbitration. Businesses may prefer arbitration because commercial disputes often involve sensitive contracts, pricing formulas, financial records, technical designs, trade secrets, customer information, internal correspondence and allegations that may affect corporate reputation. However, the statement that arbitration is confidential must be approached carefully. Privacy […]
Introduction The selection of the seat of arbitration is one of the most important decisions made when drafting an arbitration agreement. Although parties often devote considerable attention to the arbitration institution, governing law, language and number of arbitrators, the legal seat is sometimes left unspecified or confused with the physical location of hearings. This can […]
Introduction An arbitration agreement is the legal foundation of every arbitration proceeding. Without a valid agreement to arbitrate, an arbitrator or arbitral tribunal will generally have no authority to determine the dispute. For this reason, the drafting, interpretation and enforcement of arbitration agreements are among the most important subjects in Turkish arbitration law. Businesses operating […]
Introduction Arbitration is designed to resolve disputes outside the ordinary court system. However, this does not mean that national courts have no function in arbitration. Even the most independent arbitral process may require judicial assistance for the appointment of arbitrators, urgent interim protection, collection of evidence, enforcement of procedural measures, annulment of an award or […]